Shantilal Dagadu Rathod v. The State Of Maharashtra And Others

1 64-WP-7998-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7998 OF 2016 Shantilal Dagadu Rathod

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. A.V. Indrale Patil, Advocate for Petitioner Mrs. A.V. Gondhalekar, Additional Government Pleader for Respondent Nos. 1 to 3 Mr. M.A. Khan, Advocate for Respondent No. 4 CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 27th FEBRUARY, 2019 ORAL ORDER:

1.

Mr. Patil, the learned Counsel for the petitioner submits that the Director of Higher Education under its letter dated 01.03.2014 had recommended sanction of Rs. 2,31,206/- towards medical reimbursement. After filing of the Writ Petition, the State Government has taken a decision and has sanctioned Rs.1,93,256/-. The letter dated 15.02.2016 would not be applicable to the petitioner.

2.

The learned Additional Government Pleader submits that the the Government Resolution dated 19.03.2005 and a letter dated 15.02.2016 have been considered.

3.

It appears that the Committee was constituted and the Committee has thereafter detailed as to how the medical expenses are required to be reimbursed. The Committee has taken a conscience decision and has considered all the relevant aspects of the matter. We

2 64-WP-7998-2016 may not sit in Appeal over the decision taken by them. 4.

However, it appears that as far as Doctor's charges are concerned, only Rs. 10,000/- has been sanctioned. As per the letter dated 15th February, 2016, the Cardiac surgeon fees to the extent of Rs.30,000/- is admissible and that of Anesthetist fees Rs. 10,000/-. The State Government may reconsider to the extent of Doctor's fees and shall take decision expeditiously and preferably within a period of three months. 5.

The Writ Petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta